RAMESH CHANDRA Vs. RANDHIR SINGH

JUDGEMENT

(1.) THESE three First Appeals from order arise out of the order dated 24th July, 1975, passed by the Claims Tribunal, Bulandshahr, awarding a sum of Rs. 78,000 as compensation to the claimant under S.110-A of the Motor Vehicles Act.

(2.) THE facts of the case briefly stated are as follows: Randhir Singh (hereinafter to be called the 'claimant') was working as a driver on Tempo No. UPPP 3480 which belonged to his brother Raj Bir Singh. On 10th of October, 1972, the claimant was driving the tempo from Bulandshahr to Sikandarabad with six passengers in it. At about 3 p.m., when the tempo was near village Lalpurat a distance of three miles from Sikandarabad, Truck No. U.P.P. 1739 was seen coming from the opposite side, driven at a fast speed and in a rash and negligent manner. Noticing that the claimant took down his tempo on the kachcha part of the road to his left. THE truck however, came down on that side of the road and dashed against the tempo, as a result of which the tempo fell down in a ditch that adjoined the road. THE claimant sustained serious injuries in both his legs as a result of this accident. THE driver on the truck ran away. THE claimant was taken to Sikandarabad Dispensary for medical examination and treatment where it was found that he had sustained as many as 18 external injuries. In view of his condition, the claimant was sent to the District Hospital, Bulandshahr, and from there to Safdarjang Hospital, New Delhi, where a part of his right foot had to be amputated sometime between 27th November, 1972 and lst December, 1972.

(3.) A number of issues were framed by the claims Tribunal and in answer to those issues it was concluded that the accident took place on account of rash and negligent driving of truck No. U.P.P. 1739. The Claims Tribunal further held that even though the claimant did not have a licence for driving the tempo, he could efficiently drive the tempo and that neither the owner of the truck nor the insurer could escape the liability on the ground that the claimant did not have a licence. The plea set up by the owner of the truck that the accident took place on account of the tie rod of the truck giving way was rejected. In the result, the Claims Tribunal awarded a sum of Rs. 78,000 as compensation further directing that out of the said amount of Rs. 78,000, Rs. 50,000 shall be paid by the insurance company viz. the appellant in F.A.F.O. No. 420 of 1975, and the balance amount of Rs. 28,000 shall be paid by Ramesh Chand viz. the appellant in F. A. F. O. No. 444 of 1975, he being the owner of the truck. Three-fourths of the costs were also awarded to the claimant.